CONFIDENTIAL STAFF IN CONFIDENCE
006723
MDHIAN 1912
AT THE END OF THE YEAR. MEANWHILE HE WOULD BE GIVEN NON-JUDICIAL
WORK.
(II) THIS DELAYED RESIGNATION WOULD ENABLE HIM TO TRANSFER TO MORE
FAVOURABLE PENSIONABLE TERMS WHICH WERE DUE TO COME INTO EFFECT
THIS SUMMER. HE WOULD THUS BE ENTITLED TO BOTH A HIGHER LUMP-SUM
PAYMENT ON RETIREMENT AND A REGULAR PENSION PAYMENT (SINCE HE IS
ON CONTRACT TERMS HE WOULD NOT RECEIVE A REGULAR PENSION
UNDER PRESENT ARRANGEMENTS). IF THE INTRODUCTION OF THE NEW
ARRANGEMENTS WERE DELAYED HE WOULD BE ALLOWED TO REMAIN LONG
ENOUGH TO TRANSFER.
7. FOLLOWING THIS MEETING THE CHIEF JUSTICE, WITH SIR T L YANG'S
FULL SUPPORT, HAS AGAIN SPOKEN TO BARKER. THE LATTER HAS NOW
WRITTEN TO ME OFFERING HIS RESIGNATION ON THE LINES DESCRIBED ABOVE. MIFT CONTAINS THE TEXT OF THE LETTER. A SCHEDULE, NOT TELEGRAPHED, CONTAINS DETAILS ABOUT LEAVE AND PASSAGE ARRANGEMENTS ETC PLUS AN UNDERTAKING TO MOVE OFF THE COURT OF APPEAL AT A TIME
OF THE CJ'S CHOOSING.
8 I PROPOSE TO ACCEPT MR JUSTICE BARKER'S RESIGNATION
·
.
I BELIEVE
THAT DELAYED RESIGNATION, COUPLED WITH NON-JUDICIAL DUTIES IN THE INTERIM CONSTITUTES A REASONABLE SOLUTION TO THIS UNHAPPY CASE.
IT IS ONE WHICH ENABLES US TO MAINTAIN THE REPUTATION OF THE
JUDICIARY WHILE BEING SUFFICIENTLY GENEROUS TO BARKER AT A TIME
WHEN HE HAS GREAT PERSONAL PROBLEMS TO FACE.
/
/
9. SIR D ROBERTS LEAVES ON RETIREMENT THIS EVENING. I PROPOSE TO
SEND A LETTER TO MR JUSTICE BARKER ON 16 MARCH ACCEPTING HIS
RESIGNATION AND ON THE FOLLOWING DAY TO ARRANGE FOR THE JUDICIARY
TO ISSUE A BRIEF PRESS ANNOUNCEMENT SAYING NO MORE THAN THAT MR
JUSTICE BARKER'S RESIGNATION, EFFECTIVE 1 JANUARY 1989, HAS BEEN
ACCEPTED AND THAT HE HAS BEEN (OR WILL BE) ASSIGNED OTHER DUTIRES
IN THE JUDICIARY.
10. YOU MAY WISH TO INFORM LORD BENSON IN CONFIDENCE. I SUGGEST THAT YOU SHOULD NOT GO INTO DETAIL BUT SAY ONLY THAT, FOLLOWING A DETAILED CONSIDERATION OF THE CASE, MR JUSTICE BARKER HAS
SUBMITTED HIS RESIGNATION
·
ETC. AND THAT THIS HAS BEEN ACCEPTED.
11. SEE MIFT
WILSON